Uttar Pradesh Shasan Uchcha Shiksha Anubhag-1 In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Order No.2047/70-1-2020-20(1)/2019 T.C. II, dated November 10, 2020 Order Order No-2047/70-1-2020-20(1)/2019 T.C. II Lucknow : Dated: November 10, 2020 WHEREAS the Uttar Pradesh Private Universities Act, 2019 (U.P. Act no. 12 of 2019) hereinafter referred to as the said Act was enacted as an umbrella Act for governing all private universities under a common law and to provide for uniform provisions for monitoring the establishment of new private universities and incorporation of existing private universities in the State of Uttar Pradesh ;
AND WHEREAS section 3 of the said Act lays down the conditions for the establishment of a University;
AND WHEREAS clause (b) of the said section provides :- “duly possess contiguous land of minimum twenty acres in urban areas or fifty acres in rural areas earmarked for the university :
Provided that, the sponsoring body shall not sell, transfer or lease out such land or any part thereof and also shall not use it for any purpose other than the purposes mentioned in this Act for the functioning of the University
Provided further that such land shall not be mortgaged to any person other than a bank or financial institution established under any law for the time being in force for any purpose other than availing loan for establishing the university.” AND WHEREAS ‘contiguous land’ is not defined in the said Act;
NOW, THEREFORE, in exercise of the powers conferred under section-59 of the said Act the Governor hereby makes the following order to remove the difficulties, namely:- Short title and commencement 1 (1½ This order may be called the Uttar Pradesh Private Universities (Removal of Difficulties) Order 2020.
(2) It shall come into force on the date of publication in the Gazette.
2 For the removal of difficulity it is hereby clarified that the land proposed for a private university divided by a public road, State/National Highway, public link road, chak road of gram sabha, drain, irrigation channel (gool) or other public land shall be deemed to be contiguous subject to the following conditions:-
(a) The buildings for University shall be constructed ensuring that they do not cause any obstruction in the public road or public land and at the same time there shall be no vilation of laws/byelaws made by regulatory bodies of such roads which are in force for time being;
(b) The distance between two parts of the campus along the sides of public road/public land shall not be more than 500 meters and there shall not be any private land in between the two parts of the campus;
(c) In case the land is divided by a drain, sponsoring body shall construct the building and develop the campus so as to ensure that there is no obstruction to the natural flow of the drain. The sponsoring body may develop green belt or construct boundary wall on its land along both the sides of the drain (naala);
(d) The road/passage, gool, drain, etc. confined to the land of sponsoring body shall get exchanged under the procedure laid down by Department of Revenue, Government of Uttar Pradesh vide Government order no.33/745/Ek-1-2016-20(5)/2016 dated June 03, 2016 and other directions issued in reference of the case;
Till the time the exchange of public road/public land is executed, the road, chak road, drain and other public property, shall be kept open by the sponsoring agency for public utilization and shall not be closed by construction of building or development of campus and the sponsoring agency shall preserve it by appropriate landscaping or green belt;
(e) The road/passage, gool, drain, etc. passing through the land of sponsoring body shall be settled under the procedure laid down by the Department of Revenue, Government of Uttar Pradesh vide Government order no.33/745/Ek-1-2016-20(5)/2016 dated June 03, 2016 and other directions issued in reference of the case.
Till the exchange of the public road/public land is executed, the road, chak road, drain and other public property shall be kept open for public utilization by the sponsoring agency as mentioned in para (d) above;
(f) If the public land lying in the middle of the land of sponsoring agency is non-exchangeable, i.e, it cannot be exchanged as per the existing government rules, then it shall forever be kept open for public utilization by the sponsoring agency, and the sponsoring agency may construct boundary wall around such land under its title. Further, the area of such public land shall not be counted towards the land for the university:
Provided that the proposal for university shall be considered for grant of the Letter of Intent and subsequently when the other conditions are fulfilled by the sponsoring body, the name of the university shall be considered for inclusion in the Schedule mentioned in the Act with the condition that within two years of the date of issue of the Letter of Intent, the sponsoring body shall ensure exchange of public land and inform the Department of Revenue through Department of Higher Education. In case the exchange is not executed by sponsoring body within the prescribed time, the Department of Higher Education in consultation with the Department of Law, shall strike off the name of the university from the Schedule of the Act.
By Order, Monika S. Garg Apar Mukhya Sachiv